1. As to Defendant B’s KRW 400,000,000 and the Plaintiff’s claim on August 29, 2015, the Plaintiff claimed and claimed on May 30, 2017.

1. Facts of recognition;

A. The plaintiff is the branch of defendant B, and the defendant B was a person who operated the heavy equipment rental business in Gwangju Mine-gu, and the defendant C is a de facto spouse in defendant B.

B. The Plaintiff lent KRW 176,500,000 to Defendant B for five times until March 14, 2015, including lending KRW 176,50,000 to Defendant C’s account.

On the other hand, the Plaintiff asked Defendant B to lend KRW 200,000,000 to the funds to purchase the new type of digging machines. On June 18, 2014, the Plaintiff wired KRW 200,000 to Defendant C’s account.

C. While Defendant B delayed the repayment of the said money, on May 6, 2015, Defendant B agreed to pay the Plaintiff KRW 400,000,000 by August 28, 2015.

[Ground for recognition] Defendant B: The fact that the confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant C has no dispute, each entry of evidence A1 through 9, and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 400,000,000,000, and the delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from August 29, 2015 to December 8, 2016, which is the delivery date of a copy of the complaint of this case from August 29, 2015, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination as to the claim against Defendant C

A. The Plaintiff’s primary assertion is that Defendant C is engaged in the business of leasing heavy equipment with Defendant B, and Defendant C is obligated to pay KRW 400,000,000 to the Plaintiff in accordance with the agreement on May 6, 2015.

Preliminaryly, the sum of KRW 375,00,000 that the Plaintiff remitted to Defendant C’s account is acquired by Defendant C without any legal cause, and Defendant C has the obligation to return it to the Plaintiff as unjust enrichment.

B. (1) As to the primary argument, Defendant C engaged in the business of leasing heavy equipment with Defendant B only with the testimony of witness E.

(b).